Federal Court. In the context of s 36(1C)(b) of the Migration Act 1958 (Cth), is the state of an applicant's mental health now and into the future a matter which is only to be counted to the extent that it favours the applicant?
Section 36(1C) of the Migration Act 1958 (Cth) provided:
(1C) A criterion for a protection visa is that the applicant is not a person whom the Minister considers, on reasonable grounds:
(a) is a danger to Australia's security; or
(b) having been convicted by a final judgment of a particularly serious crime, is a danger to the Australian community.
The Federal Court answered that question as follows:
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